What is an Apostille and When Do I Need One?

What is an Apostille and When Do I Need One?

^{Public documents, such as birth certificates, judgments, patents or notarial attestations ( A verification by the secretary of state) of a notary’s}

^{signature, frequently need to be used abroad.}

^{The California Secretary of State provides authentication of public official signatures on documents to be used outside the United States of America. The country of destination determines whether the authentication is an Apostille or Certification. Apostilles and Certifications only certify to the authenticity of the signature of the official who signed the document, the capacity in which that official acted, and when appropriate, the identity of the seal or stamp which the document bears. The Apostille or Certification does not validate the contents of the document.
The California Secretary of State authenticates signatures only on documents issued in the State of California signed by a notary public or the following public officials and their deputies:
County Clerks or Recorders
Court Administrators of the Superior Court
Executive Clerks of the Superior Court
Officers whose authority is not limited to any particular county
Executive Officers of the Superior Court
Judges of the Superior Court
State Officials}

^{For more information, you can click on the following links:}

http://www.sos.ca.gov/notary/authentication/

https://assets.hcch.net/upload/abc12e.pdf

 

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Business and Public Mobile Notary Specialist

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What the Heck is a Notario Publico

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                “No” Notario Publico

A Notary Public in California is not the same as notario publico. We are not lawyers and as such cannot give legal advice and are not responsible for the content of any document. Therefore,
public notaries in California cannot post any sign, distribute any advertisement or use the words “notario publico” or “notario” in advertising. Notaries public who advertise expertise in immigration matters also cannot advertise notary public services. A California notary public’s commission can be suspended or revoked for such actions. Notaries public who post signs or distribute advertisements that do not comply with law must remove the signs or advertisements immediately. (California
Government Code sections 8219.5(c) and 8223(a).)

When you need a prompt, efficient, personable and thorough mobile notary , The San Diego Mobile Notary will come to you anywhere in San Diego County. Great Prices! Call Now!

•  For more information, visit the Secretary of State website at www.sos.ca.gov

Steve thesandiegomobilenotary.com

^{For more information, you can click on the following links:}

 http://www.sos.ca.gov/notary/authentication/
https://assets.hcch.net/upload/abc12e.pdf
https://www.thesandiegomobilenotary.com

 

Capacity of the Signer

In my years working as a Mobile Notary San Diego, I have worked with many different clients from different backgrounds. While most customers are on the “up and up,” there a a few who act a little shady. For instance, I might get a call from a possible client asking for a Power of Attorney for their relative, friend or business partner who is in the hospital. I do not know these people calling me on the phone requesting an appointment. I, the Notary, must follow strict notary guidelines regarding identifications, capacity of the signer, signature requirements, witness requirements, etc. This is not only to protect the Notary Public, but protects the signer from someone who may try to have a signer give up all their rights to someone else trying to swindle the signer out of their money. The notarial Certificate of Acknowledgment states that signer appeared before the Notary, showed satisfactory identification, and most importantly, signed the document in their authorized capacity. This means that the signer must be lucent enough to know what transaction is taking place and is able to sign their name or make an “X” in their own authorized capacity. A Notary Public can refuse to do the notary if he or she feels that the signer is not capable of understanding what they are signing or cannot even hold the pen to sign or put an “X” on the document and journal. I’ve had a few instances where the client waited too long to prepare legal documents such as Power of Attorney, Health Care Directives, and wills. The client is anxious to complete these documents since the signer is in the hospital and may die within a few days. I’ve been told on the phone that the signer is able to sign their name only to show up and the signer is so “out of it,” they cannot even hold a pen to do their signature. This is a waste of time and money for the client, signer, and notary if this happens because the notary cannot perform the notarization if the signer cannot hold a pen to put their signature or “X” on the legal document. In addition, Notary Publics in CA are cannot give any legal advice, are not lawyers, and cannot verify the truthfulness, accuracy, or validity of the documents being signed. This is to protect everyone in the transaction. So, when making a notary appointment for a person who is in the hospital, make sure your signer can actually sign the document before the notary appointment, has proper non-expired id, paperwork is filled out (except for the signatures), and any witnesses involved be present at time of notarization. Because if you wait too long, the signer may not be able to sign, and the notary may refuse to do the notarization. Since these are legal documents, the best option at this point would be to seek the advice of a licensed attorney.